In Brief
The Life Insurance Corporation of India appealed the High Court's order allowing the respondents to amend their plaint in a 36-year-old suit for specific performance, increasing the damages claim from Rs. 1.01 crore to Rs. 400.01 crore. The appellant argued the amendment was barred by limitation and violated Order II Rule 2 CPC. The Supreme Court dismissed the appeal, holding that amendments to pleadings are permitted under Order VI Rule 17 CPC even after substantial delay, provided the amendment does not divest the defendant of accrued legal rights and facts are already pleaded. The bar under Order II Rule 2 applies only to subsequent suits, not amendments within a pending suit. The question of limitation on the enhanced claim could be decided at trial.
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